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Personal Injury Medical Malpractice
Medical malpractice is when a healthcare provider's (doctor, dentist, nurse, etc.) conduct falls below the standard of care causing injury or death to a patient. JWE attorneys have experience both suing and defending healthcare providers and institutions, so we know a good claim when we see one. Most healthcare providers we know agree that medical errors occur from time to time and this is the reason for malpractice insurance. Our experience is that most healthcare practitioners are good people who would otherwise want to make sure that an injured patient is fairly compensated. The problem is that medical malpractice insurance companies have no interest in fairly compensating injured patients but instead only want to pay as little as possible.
Medical malpractice claims has been a flash point for political debate in Texas for many years. Because of a strong insurance lobby, the Texas legislature passed a series of laws in 2003 which roadblock many clear cases of medical negligence. For example, these Texas tort "reforms" now limit recovery of damages such as physical impairment and disfigurement to $250,000 total. Additionally, within 120 days after the suit is filed, Texas law requires medical malpractice attorneys to hire a healthcare provider expert to write a report criticizing the responsible medical defendant. These reports typically cost many thousands of dollars and more than one may be required. As a result, many Texas lawyers have stopped taking medical malpractices cases. Fortunately, the attorneys at JWE have much experience in this area and know how to effectively deal with medical malpractice insurance companies.
In our opinion, medical malpractice "reform" has gone too far in Texas and penalizes genuinely injured patients. Further, a closer look at what has happened in Texas raises doubts about many of the claimed benefits of malpractice reform. Over the last decade, health care spending and individual out-of-pocket health insurance expenses have actually risen faster in Texas than in the rest of the country. One out of every four Texans has no health insurance, compared to about one in six in the nation as a whole. Family health insurance premiums have risen almost five times faster than income since Texas capped noneconomic damages at $250,000.
JWE is not intimidated by malpractice insurers and the bad law they have created in Texas. Our attorneys know how to effectively pursue medical malpractice cases to make sure that justice is served. If you or a loved one has been injured as a result of medical malpractice, contact a Texas Medical Malpractice lawyer at JWE. Our medical malpractice experience includes:
Delayed or wrong diagnosis
Prescription Drug Error
Improper consent before a medical procedure
Improper treatment of an illness or disease
Birth injury, including Cerebral Palsy and Brain Damage